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16 U.S.C. § 695b — Applicability of certain statutes
Federal law — U.S. Code and appendices · legal_authorities
Sections 715g to 715i and 715l to 715n of this title are made applicable for the purposes of sections 695 to 695c of this title in the same manner and to the same extent as though they were enacted as part of sections 695 to 695c of this title, except that lands acquired hereunder may be administered primarily as wildlife management areas not subject to the prohibition against the taking of birds or nests or the eggs thereof, as contained in [section 715i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715i&num=0&edition=prelim), and hunting thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of sections 695 to 695c of this title subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918 [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.].
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Source file: Laws/federal/codes/united-states-code/title-16/section-695b-applicability-of-certain-statutes--161d555cae.md
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Source location: Title 16, Chapter 6, § 695b; chapter-006-game-and-bird-preserves-protection.md
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Sections 715g to 715i and 715l to 715n of this title are made applicable for the purposes of sections 695 to 695c of this title in the same manner and to the same extent as though they were enacted as part of sections 695 to 695c of this title, except that lands acquired hereunder may be administered primarily as wildlife management areas not subject to the prohibition against the taking of birds or nests or the eggs thereof, as contained in [section 715i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section715i&num=0&edition=prelim), and hunting thereon may be regulated, at the option of the Fish and Game Commission of the State of California, in such cooperative manner as is deemed necessary to carry out the purposes of sections 695 to 695c of this title subject, however, to the provisions of the Migratory Bird Treaty Act of July 3, 1918 [[16 U.S.C. 703](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section703&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Unless and except as permitted by regulations made as hereinafter provided in this subchapter, it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export, any migratory bird, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof, included in the terms of the conventions between the United States and Great Britain for the protection of migratory birds concluded August 16, 1916 (39 Stat. 1702), the United States and the United Mexican States for the protection of migratory birds and game mammals concluded February 7, 1936, the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment concluded March 4, 1972, and the convention between the United States and the Union of Soviet Socialist Republics for the conservation of migratory birds and their environments concluded November 19, 1976.
**(b) Limitation on application to introduced species**
(1) **In general** — This subchapter applies only to migratory bird species that are native to the United States or its territories.
(2) **Native to the United States defined**
(A) *In general* — Subject to subparagraph (B), in this subsection the term “native to the United States or its territories” me
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Federal law — U.S. Code and appendices · legal_authorities
If any clause, sentence, paragraph, or part of this subchapter, which shall be known by the short title of the “Migratory Bird Treaty Act”, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Treaty obligations; rules and regulations** Areas of lands, waters, or interests therein acquired or reserved pursuant to this subchapter shall, unless otherwise provided by law, be administered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accordance with treaty obligations with Mexico, Canada, Japan, and the Union of Soviet Socialist Republics, and other species of wildlife found thereon, including species that are listed pursuant to [section 1533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1533&num=0&edition=prelim) as endangered species or threatened species, and to restore or develop adequate wildlife habitat.
**(b) Management and public and private agency agreements authorization** In administering such areas, the Secretary is authorized to manage timber, range, and agricultural crops; to manage other species of animals, including but not limited to fenced range animals, with the objectives of perpetuating, distributing, and utilizing the resources; and to enter into agreements with public and private agencies.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1232
TITLE 16—CONSERVATION
§ 694b
trapping, netting, or any other means, or at-
tempting to hunt, pursue, angle for, kill, or cap-
ture any wild animals or fish for any purpose
whatever upon the lands of the United States
within the limits of said fish and game sanc-
tuaries or refuges shall be unlawful except as
hereinafter provided.
(Mar. 10, 1934, ch. 54, § 2, 48 Stat. 400; June 25,
1948, ch. 645, § 16, 62 Stat. 861.)
Editorial Notes
AMENDMENTS
1948—Act June 25, 1948, struck out penal provisions.
See section 41 of Title 18, Crimes and Criminal Proce-
dure.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1948 AMENDMENT
Section 10 of act June 25, 1948, provided that the
amendment made by that act is effective Sept. 1, 1948.
§ 694b. Rules and regulations for administration
of sanctuaries in national forests; jurisdic-
tion of States
The Secretaries of Agriculture and Commerce
shall execute the provisions of sections 694 to
694b of this title, and they are jointly authorized
to make all needful rules and regulations for the
administration of such fish and game sanc-
tuaries or refuges in accordance with the pur-
pose of sections 694 to 694b of this title, includ-
ing regulations not in contravention of State
laws for hunting, capturing, or killing predatory
animals, such as wolves, coyotes, foxes, pumas,
and other species destructive to livestock or
wildlife or agriculture within the limits of said
fish and game sanctuaries or refuges: Provided,
That the present jurisdiction of the States shall
not be altered or changed without the legisla-
tive approval of such States.
(Mar. 10, 1934, ch. 54, § 3, 48 Stat. 401.)
Executive Documents
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of Ag
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 695b
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Federal law — U.S. Code and appendices · legal_authorities
Page 1262
TITLE 16—CONSERVATION
§ 702
(12) provide training and information to appropriate
employees on methods and means of avoiding or mini-
mizing the take of migratory birds and conserving and
restoring migratory bird habitat;
(13) promote migratory bird conservation in inter-
national activities and with other countries and inter-
national partners, in consultation with the Department
of State, as appropriate or relevant to the agency’s au-
thorities;
(14) recognize and promote economic and recreational
values of birds, as appropriate; and
(15) develop partnerships with non-Federal entities to
further bird conservation.
(f) Notwithstanding the requirement to finalize an
MOU within 2 years, each agency is encouraged to im-
mediately begin implementing the conservation meas-
ures set forth above in subparagraphs (1) through (15) of
this section, as appropriate and practicable.
(g) Each agency shall advise the public of the avail-
ability of its MOU through a notice published in the
Federal Register.
SEC. 4. Council for the Conservation of Migratory Birds.
(a) The Secretary of Interior shall establish an inter-
agency Council for the Conservation of Migratory Birds
(Council) to oversee the implementation of this order.
The Council’s duties shall include the following: (1)
sharing the latest resource information to assist in the
conservation and management of migratory birds; (2)
developing an annual report of accomplishments and
recommendations related to this order; (3) fostering
partnerships to further the goals of this order; and (4)
selecting an annual recipient of a Presidential Migra-
tory Bird Federal Stewardship Award for contributions
to the protection of migratory birds.
(b) The Council shall include representation, at the
bureau di
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 703
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